HomeMy WebLinkAbout2020-10-20; City Council; Resolution 2020-208RESOLUTION NO. 2020-208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DETERMINING DEFICIENCIES OF SIX STREET FACILITIES
ACCORDING TO THE GROWTH MANAGEMENT PLAN VEHICULAR LEVEL OF
SERVICE STANDARD AS DESCRIBED IN THE FY 2018-19 ANNUAL
MONITORING REPORT
WHEREAS, in 1986, the city adopted Proposition E (Growth Management Plan), which amended
the city's General Plan to "ensure that all necessary public facilities will be available concurrent with
need to serve new development... In guaranteeing that facilities will be provided emphasis shall be
given to ensuring good traffic circulation, schools, parks, libraries, open space and recreational
amenities;" and
WHEREAS, the Growth Management Plan (GMP) is implemented through Carlsbad Municipal
Code Chapter 21.90 and the Citywide Facilities and Improvements Plan; and
WHEREAS, the GMP makes the approval of new development contingent upon adequacy of
public facilities, based on performance standards for eleven identified public facilities incorporated into
the Citywide Facilities and Improvements Plan; and
WHEREAS, the General Plan Mobility Element and the Citywide Facilities and Improvements
Plan (CFIP) include the City's GMP circulation performance standard, which was updated in 2015 to
comply with new state planning laws; and
WHEREAS, the Legislature adopted the Complete Streets Act of 2008 (AB 1358), which requires
General Plans "to plan for a balanced, multimodal transportation network that meets the needs of all
users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the
rural, suburban, or urban context of the general plan;" and
WHEREAS, the Legislature also adopted SB 375 in 2008 which calls public agencies to consider
changes in residential development patterns which provide expanded transit service and accessibility,
walkable communities, access to non-vehicular modes of transportation resulting in reductions in
Vehicle Miles Traveled; and
WHEREAS, the Legislature adopted SB 743 in 2013, which explains that "It is the intent of the
Legislature to balance the need for level of service standards for traffic with the need to build infill
housing and mixed-use commercial developments within walking distance of mass transit facilities,
Oct. 20, 2020 Item #4 Page 103 of 360
downtowns, and town centers and to provide greater flexibility to local governments to balance these
sometimes competing needs" (Gov. Code § 65088.4(a)); and
WHEREAS, the State Legislative Analyst's Office 2015 Report on California's High Housing Costs,
explains that "Workers in California's coastal communities commute 10 percent further each day than
commuters elsewhere, largely because limited housing options exist near major job centers;" and
WHEREAS, in 2015 the City amended its General Plan and CFIP Circulation Performance
standards to incorporate these new transportation planning strategies to provide access for multi-
modal circulation, which have the benefits of improved air quality, reduced GHG emissions, and
reduced trip generation; and
WHEREAS, in 2015 the City's CFIP Circulation Performance Standard was revised to state
"Implement a comprehensive livable streets network that serves all users of the system — vehicles,
pedestrians, bicycles and public transit. Maintain LOS D or better for all modes that are subject to this
multi-modal level of service (MMLOS) standard, as identified in Table 3-1 of the General Plan Mobility
Element, excluding LOS exempt intersections and streets approved by the City Council;" and
WHEREAS, in 2015 the City's CFIP Circulation Performance Standard was also revised to further
state: "The city's approach to provide livable streets recognizes that optimum service levels cannot be
provided for all travel modes on all streets within the city. This is due to competing interests that arise
when different travel modes mix. Therefore, the General Plan Mobility Element intends to provide a
balanced mobility system that identifies, based on the type of street (street typology), the travel modes
for which service levels should be enhanced and maintained per the multi-modal level of service
(MMLOS) standard specified in the city's Citywide Facilities and Improvements Plan;" and
WHEREAS, in 2015 Mobility Element Policy 3-P.9 was adopted and states in part that the City
may "Develop and maintain a list of street facilities where specified modes of travel are exempt from
the LOS standard (LOS exempt street facilities), as approved by the City Council. For LOS exempt street
facilities, the city will not implement improvements to maintain the LOS standard outlined in Policy 3-
P.4 if such improvements are beyond what is identified as appropriate at build out of the General Plan.
In the case of street facilities where the vehicle mode of travel is exempt from the LOS standard, other
non-vehicle capacity-building improvements will be required to improve mobility through
implementation of transportation demand and transportation system management measures...;" and
Oct. 20, 2020 Item #4 Page 104 of 360
WHEREAS, in 2015 North County Advocates filed a lawsuit against the City of Carlsbad
challenging the amendments to the General Plan and the CFIP, alleging that they violated the City's
Growth Management Plan (North County Advocates v. City of Carlsbad (San Diego County Superior
Court Case No. 37-2015-00035458-CU-WM-NC.); and
WHEREAS, in 2017, North County Advocates v. City of Carlsbad (San Diego County Superior
Court Case No. 37-2015-00035458-CU-WM-NC) was settled and dismissed with prejudice; and
WHEREAS, the 2017 Settlement with North County Advocates acknowledged "As part of the
development review process the City shall evaluate all discretionary projects for consistency with
applicable General Plan policies and CAP measures and actions that aim to reduce roadway congestion
and vehicular miles traveled (VMT), through Transportation Demand Management (TDM techniques
and multi-modal improvements.") Within twelve (12) months, the City shall update is Traffic Impact
Analysis (TIA) Guidelines, incorporating multi-modal level of service (MMLOS) analysis to address
vehicle, bicycle, pedestrian, and transit modes of travel, and including transportation demand
management (TDM) trip reduction methodologies and best practices to reduce automobile trips and
improvement travel model shift. The updated TIA Guidelines will also be used to determine
requirements for offsetting project impacts and evaluating opportunities for improving project-level
connections for all travel modes (vehicle, bicycle, pedestrian, and transit). Within twelve (12) months
of the state Office of Planning and Research (OPR) issuing final amendments to the CEQA Guidelines
regarding the use of VMT as the primary metric to analyze transportation impacts rather than vehicle
level of service (LOS), the City, in collaboration with SANDAG and applicable working groups, will revise
the updated TIA Guidelines to be consistent with OPR's final amendments to the CEQA Guidelines"
(2017 North County Advocates Settlement, Section 4.3.6); and
WHEREAS, the GMP requires annual monitoring to measure adequate performance of various
public facilities, including circulation; and
WHEREAS, the FY 2018-19 annual monitoring report was released in August 2020, and identified
the following seven street facilities as not meeting the vehicular LOS component of the City's
Circulation performance standard, including:
1. Southbound College Boulevard from Aston Avenue to Palomar Airport Road
2. Eastbound Palomar Airport Road from Avenida Encinas to Paseo del Norte
3. Westbound Palomar Airport Road from Paseo del Norte to Avenida Encinas
Oct. 20, 2020 Item #4 Page 105 of 360
4. Northbound College Boulevard from Carlsbad Village Drive to Oceanside City Limits
5. Eastbound Cannon Road from Avenida Encinas to Paseo del Norte
6. Westbound Cannon Road from Paseo del Norte to Avenida Encinas
7. Southbound El Camino Real from Tamarack Avenue to Cannon Road; and
WHEREAS, on Dec. 17, 2019, City Council adopted Resolution No. 2019-270, which in part
determined street facility #1 above (Southbound College Boulevard from Aston Avenue to Palomar
Airport Road) to be deficient but not exempt because City Council expedited Capital Improvement
Program (CIP) Project No. 6028, which will resolve the deficiency as provided under CMC §§ 21.90.080
and 21.90.130(c)(2); and
WHEREAS, street facilities #2 and #3 (Eastbound and Westbound Palomar Airport Road from
Avenida Encinas to Paseo del Norte) include portions that were previously exempted from the LOS D
standard in the General Plan Mobility Element, which are the Palomar Airport Road sections of corridor
between Interstate-5 and Paseo del Norte; and the non-exempt sections of Palomar Airport Road
between Avenida Encinas and Interstate-5 also do not meet the vehicular LOS D standard; and
WHEREAS, when a performance standard is exceeded, Carlsbad Municipal Code §§ 21.90.080
and 21.90.130 state "If at any time after preparation of a local facilities management plan the
performance standards established by a plan are not met then no development permits or building
permits shall be issued within the local zone until the performance standard is met or arrangements
satisfactory to the city council guaranteeing the facilities and improvements have been made;" and
WHEREAS, the City interprets Carlsbad Municipal Code § 21.90.080 and § 21.90.130 as
providing the City a reasonable period of time for addressing such deficiencies, in keeping with Gov.
Code § 65860(c); and
WHEREAS, as described in the subsequent recitals, the City Attorney and the California
Department of Housing and Community Development (HCD) do not believe the City has the authority
to implement a moratorium in response to the vehicular LOS exceedances under CMC §§ 21.90.080
and 21.90.130; and
WHEREAS, the affected Local Facility Management Zones of the six street facilities are Zones 1,
3, 7, 8 and 13; and
WHEREAS, the City of Carlsbad has a Regional Housing Needs Allocation (RHNA) of 4,999
residential units (General Plan Housing Element, table 10-1) which it has not yet been fulfilled, and
Oct. 20, 2020 Item #4 Page 106 of 360
Zones 1, 3, 7, 8 and 13 within the City of Carlsbad would allow development of approximately 2755
dwelling units; and
WHEREAS, Senate Bill 166 of 2017 states that "Each city, county, or city and county shall ensure
that its housing element inventory...can accommodate, at all times throughout the planning period, its
remaining unmet share of the regional housing need allocated pursuant to Section 65584" and the
California Department of Housing and Community Development (HCD) has taken the position that
exceedances of vehicular Level of Service standards cannot constitute a basis for implementing a
moratorium that precludes attainment of a City's RHNA Allocation (Attachment B); and
WHEREAS, Senate Bill 330, the Housing Crisis Act of 2019, states that where housing is an
allowable use, the City is prohibited for enacting a "development policy, standard or condition" that
would have the effect of "imposing a moratorium or similar restriction or limitation on housing
development...other than to specifically protect against an imminent threat to the health and safety of
persons residing in, or within the immediate vicinity of, the area subject to the moratorium...," and any
moratorium adopted pursuant to such an exemption would require approval from HCD (Gov. Code, §
66300(b)(1)(B)(i) and (ii)); and
WHEREAS, on April 17, 2020 the City of Carlsbad received an opinion from HCD (Attachment A)
which states in part that "the housing moratorium adopted pursuant to the City's GMP would be
impermissible under Government Code section 66300... HCD does not consider, however, that general
concerns about the health and welfare of the citizenry—including traffic conditions that cause minor
delays—present an imminent threat to health and safety...In this case, the City's proposed moratorium
would prohibit the issuance of any development or building permits in Local Facilities Management
Zone 15 ("LFMZ 15") until four (4) identified street facilities meet the vehicle level of service ("LOS")
performance standard of D or the necessary improvements are guaranteed. (See City of Carlsbad Mun.
Code, § 21.90.080.) LOS D simply refers to the rate at which traffic flows on a roadway, and at LOS D
there is no longer free flow of traffic but instead congestion that borders on unstable flow...While such
congestion may be uncomfortable, there is no indication in the City's GMP or in the City's
Transportation Impact Analysis Guidelines that such a standard represents an imminent threat to the
health and safety of the residents of LFMZ or those in the immediate area. Accordingly, HCD is of the
opinion that such a moratorium cannot permissibly be adopted or enforced consistent with
Government Code section 66300."
Oct. 20, 2020 Item #4 Page 107 of 360
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitals are true and correct and are incorporated herein by reference as
findings set forth in full.
2. That the City Council finds that Gov. Code § 65863(a) (SB 166 [2017]) and Gov. Code, §
66300(b)(1)(B)(i) (SB 330 [2019]) preempt the City from implementing a moratorium
pursuant to Carlsbad Municipal Code §§ 21.90.080 and 21.90.130 and GMP regulations;
3. That the City Council determines a deficiency of the vehicular LOS component of the City's
Circulation performance standard exists for the following street facilities based on the
results of the FY 2018-19 growth management annual monitoring report:
a. Eastbound Palomar Airport Road from Avenida Encinas to Paseo del Norte (street
facility No. 2 above)
b. Westbound Palomar Airport Road from Paseo del Norte to Avenida Encinas (street
facility No. 3 above)
c. Northbound College Boulevard from Carlsbad Village Drive to Oceanside City Limits
(street facility No. 4 above)
d. Eastbound Cannon Road from Avenida Encinas to Paseo del Norte (street facility No.
5 above)
e. Westbound Cannon Road from Paseo del Norte to Avenida Encinas (street facility
No. 6 above)
f. Southbound El Camino Real from Tamarack Avenue to Cannon Road (street facility
No. 7 above)
4. That the City Council determines no changes have occurred since the adoption of
Resolution nos. 2020-105 and 2019-270 that would warrant lifting the exemptions for
the street facilities described in no. 3 above.
5. The City finds that the Growth Management Plan/General Plan Monitoring Report do
not constitute a "project" within the meaning of the California Environmental Quality
Act (CEQA) in that it has no potential to cause either a direct physical change in the
Oct. 20, 2020 Item #4 Page 108 of 360
environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
6. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason
held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
resolution. The City Council hereby declares that it would have passed this resolution
and each section, subsection, sentence, clause, and phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or phrases be
declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of October, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Oct. 20, 2020 Item #4 Page 109 of 360